Benton and Franklin Counties Superior Court Service and Proof of Service Rules

CRITICAL

The arbitrator must set the hearing’s date, time, and place and provide reasonable written notice.

A. Scheduling. The arbitrator shall set the date, time, and place of the hearing and provide reasonable written notice.

CRITICAL

Juvenile court staff must immediately notify the Attorney General’s office when a dependency case is initiated by someone other than the Department of Children, Youth, and Family Services.

A. Generally. Juvenile court staff shall immediately notify the Attorney General’s office of any dependency cases initiated by an individual or agency other than the Department of Children, Youth, and Family Services.

CRITICAL

Applies to

Parenting seminar certificate of completion

Parties must serve the parenting-seminar certificate of completion on the other party before entry of a permanent parenting or residential plan.

Timing. Parties shall complete an approved parenting seminar prior to entry of a permanent parenting or residential plan and file a copy of the certificate of completion of the course with the Clerk and serve the same on the other party.

CRITICAL

A responding party who objects must provide the written objections and proposed changes to the moving party within 15 days after receiving the proposed final documents.

If the responding party objects, they must provide written objections and proposed changes to the moving party within fifteen (15) days of receiving the proposed final documents.

CRITICAL

Deadline

7 court days

If the prevailing party fails to submit proposed findings in a timely manner, the other party may do so, and shall thereupon note the matter for presentment, giving the prevailing party at least seven (7) court days’ notice of the hearing.

If the prevailing party fails to submit proposed findings in a timely manner, the other party may do so, and shall thereupon note the matter for presentment, giving the prevailing party at least seven (7) court days’ notice of the hearing.

CRITICAL

Parties must not serve their arbitrator selections on each other.

10. Confidentiality. Parties do not serve their selections on each other.

CRITICAL

Deadline

5 calendar days

Applies to

Reply brief

In domestic matters, a moving party's reply or strict reply must be served at least 5 calendar days before the hearing, subject to the stated exceptions.

The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): c. For any reply or strict reply by the moving party, not less than five (5) calendar days prior to the hearing.

CRITICAL

Applies to

Position statement

Position statements must be served or exchanged three days before the settlement conference.

The Parties shall submit with the Judicial Assistant (or eMotion) and serve/exchange their position statement, three (3) days prior to the settlement conference.

CRITICAL

Deadline

48 hours

Notice to the responding party under an Order Shortening Time must be at least 48 hours, except in extraordinary circumstances established in the supporting declaration or affidavit.

Except in extraordinary circumstances established in the supporting declaration or affidavit, this notice shall not be less than forty-eight (48) hours.

CRITICAL

Deadline

10 calendar days

Applies to

Guardian ad litem report

Guardian ad litem reports must be provided to the court and parties no later than ten calendar days before the scheduled hearing.

All reports submitted by a guardian ad litem will be provided to the court and parties no later than ten (10) calendar days prior to the scheduled hearing.

CRITICAL

Service

Publication

When publication notice is required in a dependency or termination of parental rights proceeding, the petitioner, not the clerk, is responsible for publishing notice of the petition and hearing date.

B. Procedure/Costs. In a dependency or termination of parental rights proceeding where notice by publication is required, the petitioner, rather than the clerk of court, is responsible for publishing notice of the petition and hearing date.

CRITICAL

Applies to

Response

A party objecting to arbitrability must serve its Response.

Any party objecting to arbitrability must file and serve a Response within 10 court days and note any objection for hearing.

CRITICAL

Applies to

Objections

A non-prevailing party must deliver two written copies of any objections and proposed substitutions to the opposing side within 15 days after receiving the findings, conclusions, or judgment or order.

3. Objections. A non-prevailing party objecting to the Findings, Conclusions or Judgment or Order shall, within fifteen (15) days after receipt of the same, deliver to opposing counsel or unrepresented party two (2) copies of the objections thereto in writing, and the proposed substitutions.

CRITICAL

Deadline

5 business days

Applies to

Note for criminal motion docket

Anyone scheduling a matter on the Criminal Motion Docket must serve the Note at least five business days before the requested hearing date.

Counsel or unrepresented litigant scheduling a matter on the Criminal Motion Docket shall: 1. File and serve a Note for Criminal Motion Docket at least five (5) business days prior to the requested hearing date;

CRITICAL

Applies to

Grievance

The filing party must deliver one hard copy of the grievance to the correct county’s Superior Court Administration, in person or by mail, in addition to any electronic submission allowed.

In addition to any electronic submission allowed by Superior Court Administration, the filing party must deliver one hard copy of the grievance to Superior Court Administration for the correct county in which the case is filed. a. Delivery may be made in person or by mail delivery.

CRITICAL

Deadline

11 calendar days

Applies to

Responsive brief and materials

In domestic matters, responsive briefs and materials must be served at least 11 calendar days before the hearing, subject to the stated exceptions.

The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any domestic matter, unless otherwise specified differently herein, by statute, court order, or by general Court Rule. (e.g., protection orders or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than eleven (11) calendar days prior to the hearing;

CRITICAL

The parties must exchange the exhibits and exhibit list at least 14 days before trial.

Exchange exhibits and list at least fourteen (14) days prior to trial

CRITICAL

Deadline

4 calendar days

Applies to

Responsive brief and materials

For covered adult matters, responsive briefs and materials must be served at least 4 calendar days before the hearing, subject to the stated exceptions.

The following timelines apply for the filing and service of any Motion and/or supporting briefs or other materials in any case type for all adult matters except domestic, juvenile and adult criminal matters, unless otherwise specified differently herein, by statute, court order, or by general Court Rule (e.g., CR 56 motions, writs, Motions for Injunction, unlawful detainer matters, protection orders, or Motions for Immediate Restraining Orders): b. For all responsive briefs and materials, not less than four (4) calendar days prior to the hearing;

CRITICAL

The moving party must serve its proposed order with the motion, and the opposing party must serve its proposed order with responsive materials.

The moving party shall prepare and file and serve a Proposed Order along with the motion and provide a bench copy of the proposed order in accordance with LMR 2. The opposing party shall file and serve their proposed order with their responsive materials and provide a bench copy as well.

CRITICAL

Applies to

Jury demand

Jury demands must be filed and served in compliance with CR 38.

D. Jury Demand. Jury demands must be filed and served in compliance with CR 38.

CRITICAL

Applies to

Statement of qualifications

An appointed Court Visitor must serve the Statement of Qualifications on the parties.

A Court Visitor appointed shall file with the Court & serve upon the parties a Statement of Qualifications in conformance with RCW 11.130.280 and RCW 11.130.380 on Minor conservatorships.

CRITICAL

The prosecuting attorney must be provided written notice at least 14 days before review of an existing sealing order.

B. Notice to and Response from Prosecuting Attorney. In each case in which the court reviews a previously entered order sealing a search warrant and/or affidavit in support thereof, the prosecuting attorney will be provided at least fourteen (14) days prior written notice of such review.

CRITICAL

Applies to

Proposed order

Submitting proposed orders under this rule does not replace the parties’ obligations to serve them on opposing parties and upload them to eMotion.

Submission under this rule does not satisfy the party’s obligation to: a. Serve Proposed Orders on opposing parties, or b. Upload Proposed Orders to eMotion.

CRITICAL

Within 10 days after service of the motion, the opposing party must serve the opposing documents on all other appearing parties, through counsel if represented.

Within 10 days after service of the Motion, opposing counsel or the opposing party, if not represented at the time of filing of the motion, shall file opposing documents with the Clerk; and serve the opposing documents on all other parties appearing in the case, through counsel if represented.

CRITICAL

The other party must be copied on all communications requesting clarification about final-document submissions.

Any request for clarification regarding submission of final documents must be directed to the Trial Court Judicial Officer through the Court Administration office. The other party must be copied on all communications, and the dates of the trial must be included.

CRITICAL

Deadline

2 court days

Reply briefs must be served by 9:00 a.m. two court days before the hearing.

Reply briefs shall be served and filed with the Court no later than 9:00 a.m. two (2) court days before the hearing.

CRITICAL

Before presenting an unagreed motion ex parte, a party must notify all other parties or make good-faith efforts to do so, except for the listed matters.

A. No matter shall be presented on an ex parte basis unless notice has been given, or good faith efforts have been made to give notice, to all other parties prior to presentment at ex parte for a motion which is not agreed. 1. The following does not apply to ex parte applications: a. Civil Protection Orders; b. Motions for Orders to Set Show Cause Hearing where no relief is sought other than setting a hearing; c. Motions for Fee Waivers; d. Motions for Indigency on Appeal; e. Motions to Seal Expert Service Provider for criminal matters; f. Motions for Immediate Restraining Orders; g. Matters where breach of a prior agreement allows a party to move for relief ex parte without notice to the breaching party; or h. Any matter where a party has a good faith belief that prior notice of presentment to the other party(ies) will result in actual physical or irreparable harm to the presenting party or a child of the presenting party.

CRITICAL

The petitioner must serve each respondent with a copy of the Automatic Temporary Restraining Order.

The petitioner shall cause a copy of the Automatic Temporary Restraining Order to be served on each respondent.

CRITICAL

Applies to

Local court instructions

The Petitioner must serve the Local Court Instructions on all parties requiring service.

Petitioner shall serve the “Local Court Instructions” on all parties requiring service.

CRITICAL

Applies to

Case schedule modification motion or stipulation and supporting documents

The party seeking modification must serve the motion or stipulation, supporting declaration, and certificate.

File and serve a motion or stipulation to modify, supporting declaration, and certificate.

CRITICAL

The arbitrator must give Notice of Filing to the Executive Assistant and all parties.

The arbitrator must give Notice of Filing to the Executive Assistant and all parties.

CRITICAL

Service

Electronic service

In dependency, termination, and guardianship cases, participants are deemed to accept electronic service when documents are uploaded to jMotion; CR 5 service remains available, and the rule does not apply to original process.

C. Pursuant to GR 30(b)(4) participants in dependency, termination and guardianship cases are deemed to electronically accept service of all documents as of the time and date the documents are uploaded to jMotion. This does not preclude parties from serving documents as authorized in CR 5. This shall not apply to service of original process.

CRITICAL

The responding party must give the moving party at least 21 days’ notice of the Entry of Final Documents hearing and bring proof of notice to the hearing.

If the moving party fails to submit proposed final documents within thirty (30) days of the written decision, the responding party may submit them. The responding party must set the matter for an Entry of Final Documents hearing before the Trial Court judicial officer through the special set process and must give the moving party at least 21 days’ notice. Proof of notice must be brought to the hearing.

CRITICAL

The moving party must file proof of service with the motion.

The moving party shall file with the Clerk proof of service at the same time as filing said motion.

CRITICAL

Applies to

Case schedule

The Case Schedule must be served on the other parties with the initial pleading or within 10 days after the later filing of the initial pleading or service of a response, with proof of service.

a. serving a copy of the Case Schedule on the other parties along with the initial pleading, or b. serving the Case Schedule on the other parties within 10 days after the later filing of the initial pleading or service of any response to the initial pleading, whether that response is a notice of appearance, an answer, or a CR 12 motion (with proof of service).

CRITICAL

If the GAL/Court Visitor files a response, a copy must go to the complaining party and the original must go to the Court Administrator for delivery to the judicial officer handling the grievance.

The GAL/Court Visitor may file a response within fourteen (14) days, providing a copy to the complaining party and sending the original to the Court Administrator for delivery to the judicial officer handling the grievance.

CRITICAL

Applies to

Statement of arbitrability

The filing party must serve the Statement of Arbitrability on all parties.

The filing party must file the statement with the clerk, delivery a duplicate to the Judicial Assistant and serve all parties.

CRITICAL

A motion will not be heard without proof of notice service on opposing counsel or an unrepresented opposing party, unless an admission of service is in the file.

The motion will not be heard unless there is proof of service of notice upon the attorney for the opposing party, or the opposing party if proceeding pro se, or there is an admission of service by opposing counsel or the opposing party if proceeding pro se in the file.

CRITICAL

Applies to

Order of appointment

The parties must be served with the Order of Appointment as required by statute.

The requestor shall have an Order of Appointment approved by the Court and parties served per statute.

CRITICAL

Each party must serve the assets-and-debts list on the other party at least two days before trial.

If distribution of assets and/or debts is an issue, each party shall, no less than two (2) days before trial, serve the other party and upload to eMotion (or delivery to the Court Administration office if the party is unable to use eMotion), a list of assets and debts known to the party and that party’s good faith position as to the fair market value of each. The parties shall also designate the asset or debt as community property or separate property and shall state their position as to what they believe the final distribution of the assets and/or debts should be.

CRITICAL

Applies to

Exhibit and witness lists and exhibits

Exhibit and witness lists, and exhibits, must be served no later than two weeks before trial unless the Pretrial Order states otherwise.

Exhibit and witness lists shall be filed and served, and exhibits served, not later than two (2) weeks before the trial date, unless otherwise stated in the Pretrial Order.

CRITICAL

The moving party must submit proposed final documents to the responding party within 30 days after receiving the judicial officer’s written decision or oral ruling.

The moving party must submit proposed final documents to the responding party within thirty (30) days of receiving the judicial officer’s written decision (or oral ruling).

CRITICAL

Applies to

Iflt selection form

Each party must serve the other party with a copy of the IFLT Selection Form at least 30 days before trial.

At least thirty (30) days prior to the trial date, each party must: c. Serve a copy on the other party

CRITICAL

When a change of name to that of a stepparent is sought for a child under eighteen (18) years of age, notice must be given to the natural parent(s) in the manner of giving notice to a non- consenting parent in an adoption, and in addition, written consent will be required of any child over fourteen (14) years of age, unless good cause is shown as to why such notice should not be given.

When a change of name to that of a stepparent is sought for a child under eighteen (18) years of age, notice must be given to the natural parent(s) in the manner of giving notice to a non- consenting parent in an adoption, and in addition, written consent will be required of any child over fourteen (14) years of age, unless good cause is shown as to why such notice should not be given.

CRITICAL

Applies to

Notice of default and proposed final documents

Notice of default and proposed final documents must be served on the opposing party.

Notice of default and the proposed final documents are required pursuant to Court/Civil Rules to be served on the opposing party.

CRITICAL

Applies to

Findings of fact and conclusions of law

The prevailing party must deliver the findings and conclusions together with the proposed judgment or order to opposing counsel or the unrepresented opposing party.

2. Submission. Not more than fifteen (15) days after the decision is rendered, the prevailing party shall submit Findings of Fact and Conclusions of Law and shall deliver the same, together with the Proposed Judgment or Order, to the opposing counsel or opposing party if not represented by counsel.

CRITICAL

Service

Electronic service to all parties

The Court and Clerk send notices, orders, and other documents to counsel and self-represented parties by email, using attorneys’ addresses in the Washington State Bar Association Online Attorney Directory.

A. The Court and Clerk will send all notices, orders, and other documents to the parties’ counsel, or to any self-represented party, via email. The Court and Clerk will utilize the email address for attorneys with the Washington State Bar Association Online Attorney Directory.

CRITICAL

Applies to

Domestic case scheduling order

The party who filed the initial pleading must provide the scheduling order to all other parties within 10 days after receiving it from the Clerk.

The party filing the initial pleading shall promptly provide a copy of the Domestic Case Scheduling Order to all other parties within ten (10) days of receiving the same from the Clerk.

CRITICAL

Deadline

5 calendar days

Applies to

Original pleading

Original pleadings in the specified juvenile proceedings, except initial Shelter Care petitions, must be served at least five calendar days before the hearing unless an order shortens the time or another timeline applies by statute or court rule.

A. All original pleadings, including motions, briefs, proposed findings of fact and conclusions of law and proposed judgments, pertaining to dependency (but excluding initial petitions for Shelter Care), termination, Title 13 guardianship, and juvenile offender proceedings shall be served and filed with the respective Superior Court Clerk not less than five (5) calendar days prior to the hearing, unless an Order to Shorten Time has been signed, or other timelines apply by statute or court rule.

CRITICAL

Deadline

2 court days

The responding party must serve any response or witness list no later than two court days before the hearing.

The responding party shall serve and file any response and/or witness list no later than two (2) court days before the hearing.